Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-02-04
from the Bellows Falls Times ]

According to Judge Poland there is no
constitutional method for filing vacan
cies in the Vermont Legislature.
In the constitutional convention of $40
this subject was discussed at length, and
an express provision for filling vacancies
IN the House was opposed by some of the
ablest iurists of the state on the ground
that such provision would be surplusace.
was therefore unnecessary, as the power
to fill such vacancies already existed.
Now we are told by some of the "ablest
jurists of the State that it can't be done
because the poWer don't exist.
This same subject was again gone ovec ID
very much the same way during the re
cent session of the Legislature, one or TWO
vacancies having occurred during he ses
sion, to say nothing OF an important one
which has occurred since adjournment
Now, iuasmuch as liable jurists' differ
on the constltutiOnality OF the question
and no one argues that such vacancies
ought not to be filled, If it could be prop
erly done, why not let the best common
sense and precedents decide 1t appears
that vacancies in the House have been
filled at different times from l77s to SOS.
II the power existed to fill vacancies dur
ing this period, was it ever lost? |. 50,
when and how The constitution pro
VldeS that representatives shall be elected
on 1.-THE first Tuesday in September" and
by technicallty the irst Tuesday Is con
sldered to exist until an election Is made,
though choice may not have been made,
actually, till the first Wednesday, or
Thursday, or Friday in September. BY
this same "technical'' logic the freemtu Of
a town might continue the first Tuesday
/ in september TOR month, or year, o.
possibly for period not exceeding two
/ years.
I AS to precedents, a notable one occurred
I IL,
| Abel Curtis was elected a representative
| from Norwich ION the first TUESDAY Of
september" that year, and died October
| first following The House was duly no
titled of his death and on the second day
OF the session adopted a resolution Tor an
election to till the vacancy, and few days
! later the election took place and Paul
Brigham, 50 long known as the,heutenant-
governor of Vermont, was chosen "a Mr..
Curtis successor, and took his seat L. he
House soon after.
The logic of our worthy and commonly
sensible contemporary does not strike ~
as conclusive. If the constitution of -r-
mont said nothing on this question, the
matter might be decided by statute OF
I perhaps even by common sense and pre-
cedent" As the Times proposes. But there
/ is a distinct provision which says Inc
House of Representatives OF the freemen
of this state, shall consist OF persons most
noted for wisdom and virtue, TO he chosen
by ballot by the freemen of every town "a
( this State. respectively, on the first Tues.
day OF September annually, forever
The fact that in the early years of our
commonwealth, this clause was to some
extent disregarded, and the House allowed
TO consist in part of representatives. chosen
. b.,. la, FL t-,s
in September, makes no reason why II
should be dsregardei now. The filing
of vacancies 10y subsequent elections was
! dropped, by general consent, and has not
been practiced for eighty years because
IT was clearly illegal The sugges ton
/ that because an election made in free
mems meeting held on the first Tues
day in September and remaining
in session beyond midnight is held
to be legal though not actually
decided till the next day, an election made
in a freemen's meeting held on any otAer
day in the year may be considered legal
can hardly have been made in earnest 10y
our friend of the Times The only SAFE
way as 1t apparently seems TO 'aole
iurists" and to the less learned common
sense of the majority of "the plain people
of our State, is to follow the distinct dlVec-
ton of the constitution. II it is desirable
to amend the constitution, in order to per
nit the proper legislation for the filling
of yacaucies-on which there Is room for
argument-let II be amended when me
time comes Till then it will be quite safe
to obey the letter of the organic law of
our State.